>> the scotty pinwheel. thanks for inviting us into your home tonight. that's it for special, fair, balanced and unafraid. >> shepard: this is the fox report. tonight, the voice of manti te'o's fake girlfriend it seems like we know who played the part. actor burt reynolds now in the hospital. late breaking what we know about his condition ahead. but first from fox this friday night, a winter weather alert here on this fox report and a dangerous winter storm is on the move right now. the storm has already dumped freezing rain in states including north carolina and tennessee. it's been dropping snow in ohio, pennsylvania right during the evening commute. along with a light dusting here in new york city over the last couple of hours. it's just the latest winter insult coming during a streesk frigid weather. animation shows how the cold air descended on the country

last weekend as a drop in the jet stream sent temperatures plummeting across much of the country. all of those areas in bluish thing there is where it is below freezing. you can see the cycle as two separate cold fronts moved across the area. freezing conditions have been causing problems in firefighters. this lawrntion, massachusetts, first responders found themselves encased in ice as they fought a fire in a three story building last night. the deputy fire chief says the frozen fire hydrants and fire lines are making things tough. in chicago folks finally saw more than an inch of snow for the first time in 335 days. chicago hasn't seen a streak close to that in more than 70 years. , during this artic cold snap, few are feeling the pain struggling to he rebuild after super storm sandy. thousands of people still without homes, power and heat. volunteers have been working to ease some the suffering. david lee miller with the news on staten island tonight. how are those folks holding

up, david lee? >> they are holding up reasonably well which is not an easy thing to do considering how cold it is. of course now it is snowing as you mentioned. we are at a makeshift tent city. as you can see here the new york city police department has just come by to provide them with the emergency fuel necessary to keep the heater running. pan off in the other direction. can you see one of the tents used off in the distance. this is for the purpose of sleeping people who have to spend the night here. look at the pallets of should, shepard. boxes and boxes of food. all of this donate from the american red cross. the tent behind me as i said it, does have heat. that's one reason why there are some people here. there is food that is provided. many are here tonight for the sense of community support. listen. >> this is a place where we can get information. the whole community comes together. it's so valuable like the do monday in a desert. okay? this is the one real valuable thing out here right now.

>> and the people who make this tent city possible, they are all volunteers. months of winter left. how is the rebuilding process coming? >> i think there is a feeling here that the rebuilding is going to take place long after the spring that you will is over. program in place to speed repairs. they have helped some 12,000 people get heat restored. they have helped get hot water restored. there is thousands more in need of help. i talked to one man earlier today. he said that his home is still uninhabitable. is he living in the basement of a rented home. he along with three other relatives. but is he grateful that at least he has that there was some good news today from the governor of new york. he has extended by two weeks the amount of time people can live temporarily in hotels. they have also extended by 30 days the amount of time people can now file for emergency help. the bottom line here, shepard, the wrath of storm sandy is

going to continue for many more months. shepard? >> we are expecting a break in the freezing temperatures in the days ahead. rick in the extreme weather center tonight. what are you seeing. >> still a storm we are dealing with. snow across parts of new york. today the worst of it has been down across parts of tennessee and north carolina. ice storm you see that exiting eastern parts of the carolinas and the snow about to finish off across parts of jersey and in towards areas of the northeast. future radar the next couple of hours you see by tonight it's all gone here. going to turn our attention this weekend though to a storm that's going to move in on sunday in across the plains. you see this peak here, that's going to be an ice storm sunday and monday in across the central plains and parts of the great lakes. they don't get ice storms there very often. significant one for them on sunday and monday, shep. >> shepard: when is it going to warm up, rick? >> we're going to get there slowly. we're still cold right now. take a look what happens for us tomorrow? a lot of this area sees temps

back in the upper 20's. by the time we get to sunday. a few more degrees a lot of 30's and 40s here a brief tuesday/wednesday where we are going to see temps into the 40s and 50s. enjoy those couple days. >> shepard: rick right on. so cold in new york even the murderers are not working. a full seven days without a single homicide according to long island news day newspaper. the paper also notes that last time the city went this long without a murder was a period after super storm sandy. the man behind the manti te'o dead girlfriend hoax is telling his story. we have just confirmed the guy blamed for the whole thing has recorded an interview with dr. phil. more on that in a moment. we're also now hearing who provided the voice for that nonexistent girlfriend? turns out, we're told, it was the mastermind's cousin. that's according to the reporting of the "new york post" which our parent company owns. manti te'o claims somebody tricked him with online romance with a woman who did not exist. here is a forecast the guy who

was behind it all. his lawyer claimed the client was the one who spoke on the phone for hours with the notre dame football star. because relative of that hoax ter tried to take the blame to avoid getting his cousin in trouble. manhattany manti te'o appeared on katie couric and shared some the fake voice mails that she left for him. >> i'm getting ready for my first session and thought i would call to keep you posted. i miss you, i love you, bi. >> no comment from the cousin who reportedly left that voice mail and her dad didn't want to talk to the post either. trace gallagher is tracking developments from the west coast news hub. we said last night it sounded like a female voice and i guess it was. even manti te'o said he thought this was a female voice, shep. if it was a male of a voice that of the hoaxer he was

talented. the lawyer said his client is talented head of the high school drama club. tried out for the show the voice. turns out the young cousin teen know played the part of linae. she played it well even sobbing historically when another girl answered manti te'o's home. >> fawbled >> the man behind the hoax has not spoken about. this fox was confirmed he will sit down with dr. phil. in fact, he already has the interview will air sometime next week. reportedly it was a very deep emotional discussion. and they even sat together and watched the manti katie couric

interview. shep. >> football team handled alabama. >> yeah, and notre dame explained that today. remember, notre dame came out and they knew about this december 26th. we didn't learn about it until last week when dead spin.com broke the news. well now in an 8 page letter from notre dame's president the board of trustees. the school acknowledges there was considerable confusion at first but quickly decided one it did not involve a crime. two, it was not a violation of nc 2 a rules. and, three, the school believed manti te'o was genuinely duped. the school said this quoting here: we did our best to get to the truth. in extraordinary circumstances to be good stewards of the interest of the university and its good name and as we do in all things, to make the well-being of our students one of the very highest priorities. bottom line, shep, the university said for manti te'o this was personal matter nothing more. >> shepard: they didn't say anything liking the publicity

this brought? i guess that left that out? >> no. exactly. >> shepard: thank you, sir it was one of the most influential countries in all of the arab world. two years now after egypt fell into chaos. people new spasm of violence. ahead the fresh protest to see where that country is headed and what it means for american interest. a dating web site horror story. she says the man she met on match.com put her in the hospital. >> when the police arrested him, i said i was not there to hurt her. i was there to kill her. >> nearly succeeded. stabbed her 10 times and stomped on her head. >> that's a very traumatic thing for anybody to have to go through. >> now she is suing the web site for millions. tonight, match.com's response to a match made in hell. plus a teenage boy caught in the middle of a flood. rescuers rescuing everything to try to save him.

and he moved into this mansion without paying a penny. a squatter living large. thanks to a legal loophole. that's coming up. [ male announcer ] some day, your life will flash before your eyes. make it worth watcng. introducing the 2013 lexus ls. an entirely new pursuit.

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>> shepard: two years since the start ever start of the mobilization that toppled moss any mubarak. two years later. >> thousands of egyptians went back to tahrir square today to protest new government. witnesses say some demonstrators threw stones at the cops who fired back with tear gas. officials say violence across the country killed at least four people and injured close to 400. of course, egypt is very important partner of the united states. in fact, we just sent them four new f 16 fighter jets like these. part of an aid package worth about a billion dollars a year "the fox report's" correspondent jonathan hunt is here. jonathan, in many ways, egypt doesn't seem any more stable now than it was two years ago. >> tough to argue against

that, shep, when you see the tens of thousands on the streets of egypt, major cities today. protesting the government of muslim brotherhood president mohammed mohammed morsi. the protesters say that morsey has done nothing to fix the mess of the egyptian economy. and he has also rewritten the constitution in outright power grab. to them, the protesters, nothing has changed in the past two years except swap ago secular dictatorship for a religious one. former state department under secretary nicholas once says this is a situation the u.s. has to watch very carefully. listen. >> not only is there this divide between the new government dominated by the muslim brotherhood and old regime of president mubarak and many of his officials are still in place. but the islamic forces are also in disarray. there are challenges to president mohammed morsi from his right. even more radical factions. of islamic movement. there is cause for concern about continued instability, the lack of economic growth

and egypt. the u.s. has a strong relationship with egypt and its government has stood by its peace treaty, crucially with israel. skeptics would add to that for now. >> across the region, concerns about the effects of the arab spring. >> yeah. pretty much every country that has gone through these uprisings is a case of uncertainty at best. outright chaos at worst. outside of the civil war in syria the main concern right now is north africa. libya, algeria where we had the recent hostage taking and deaths of americans. mali where the french are fighting islamist extremists. according to professor burns, this sort of instability could go on for a very long time. >> it may be we don't see the future map of the middle east. it doesn't reveal itself for another 10 or 20 years. this this is so deeply rooted. >> chaos possibly for many

years to come. the one thing we know for sure is that terrorists and extremists love chaos. >> that's true. jonathan, thank you. well, online dating doesn't always work out. the woman who says match.com, matched her with a man who stabbed her 10 times and kicked her in the head. mary k. beckman is her name. she is now suing match.com for $10 million. because she says it fails to warn users that online dating can be dangerous. ha! >> mary k. says she met this man wade wiley on match.com in may of 2010. months after she broke up with him he stabbed her 10 times with a butcher knife. repeatedly stomped on her head, stole her purse and left her for dead. cops later charged him for murdering another woman he met on the site. he killed himself in prison last year. now the woman filed a lawsuit saying she believes the web site should include a warning.

if i can save one person from not being in a situation that they're lured into with a false sense of security or if i can save somebody from being hurt, or, you know, making a different decision with their online dating choices, that's my mission and my goal. >> shepard: and $10 million. match.com does include a list of safety tips for both online and offline interaction. it also released a statement calling the lawsuit absurd. actor burt reynolds is reportedly in intensive care at a hospital in florida right now with a severe case of flu. a spokesman tells fox news that the 76-year-old smoky and the bandit star among other things was dehydrated and doctors admitted him to the hospital as a precaution. she did not confirm he was in icu but says he will be heading home tomorrow. by the way new government numbers show the spread of flu has slowed across the nation overall but remains on the rise in the west.

just in to fox news. the judge has just frozen the assets of the drug maker suspected in deadly fungal meningitis outbreak. the move prevents the owners of the massachusetts based company from spending or moving their money. this comes after the company filed for bankruptcy protection in december it now faces dozens of lawsuits from victims. the feds say tainted steroid injections from the pharmacy killed 44 people across the country. investigators say the inside of that pharmacy was disgusting. they say they found mold and bacteria. even a live bird flying around in there. last night we reported about how this guy who moved into a foreclosed mansion never paid a dime and got to stay there. now one of his neighbors says she is so annoyed she'll even buy the multi-million-dollar house herself. so how do you get to move into a house that you don't own and get to stay there even when you are caught? that's coming up. plus, an emergency move to

save lives. instead creates a crisis. and now thousands upon thousands of crocodiles, oh the crocodiles. they are running wild.

a man there moved into this multi-million-dollar mansion without paying a red cent. and thanks to some completely ridiculous legal loophole called adverse possession, he is all good. more on that in a moment. cops in boca row tone say the 23-year-old squatter set up house inside this foreclosed mansion. when he came to kick them out he showed them the paperwork

and there was nothing he could do. one is so upset she offered to buy the foreclosed house herself. steve harrigan in south florida. you don't have a free house, do you? i certainly don't, shepard. this is a strange law that goes back all the way to the 19th century. originally intended to apply to farmland though. not foreclosed multi-million-dollar mansions. back in the day people would go off to the city and leave their land abandoned and the land shouldn't be abandoned and the field should be worked or something grown on it a neighbor would move in and start working the land. after a period of time it's only right to make it their land. >> now, to keep up with his claim, this securitier who refers to himself as locy boy will have to make $40,000 a

year payments in property taxes, shepard. >> shepard: you should go out and get you a free mansion? >> well, it's quite a risk, shepard certainly caused some controversy in this very toney neighborhood in boca raton. some the people we spoke to today good for him if he can pull it off. most of the neighbors are clearly extremely agitated at this situation. >> got to hand it to him. it's a beautiful place. no one else was living in there. >> most of the neighbors around this area are pretty active in the association. think are not happy. nobody is happy. we all spent a lot of money. >> not sure how congress will it's going to be a free ride. bank of america says they have initiated immediate legal proceedings to evict the 24-year-old squatter. >> shepard: i would love to have him on "studio b" on monday. can you work that out for me? >> we are on it. >> shepard: as many as 10,000 crocodiles got loose not in south florida but in south

africa because of heavy rains and flooding. look at. this officials say a worker at a croc farm was afraid that the high water would kill all the reptiles but when they opened flood gates the flood washed the crocs away. now the cops are trying to track them all down. check out the wild scene of one captor. hunters careful to get things back to the farm so they can come next season's handbags so. far officials say they have rounded up about 2,000 crocodiles. president obama just lost a round in a showdown that could go all the way to the supreme court. federal judges say the president violated the constitution when he did an end run around the senate. but, the white house claims it has history on its side. we'll break it down. plus, scientists say a new invention could save your life during a terror attack. a bomb-proof train. of course, it will only save your life if you are riding on it. and what are the chances of

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he's going to apply testosterone to his underarm. axiron, the only underarm treatment for low t, can restore testosterone levels back to normal in most men. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied

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good grief. law enforcement caught up with him. but the suspect broke free. look at this. he dragged the deputy down the street some 20 feet. that deputy survived. no serious injuries at all. officers later busted the suspect in the attic of his own home. and as he surrendered, they say he fell through the floor and right into the garage. sadly he is fine, too. believe it or not, another suspect had some addict trouble. police in southern california say they spotted is shirtless dude in a stolen car. when they tried to pull him over he bolted or bounced. he did it in the attic of an abandoned home. that's where he hid. eventually smoke poured from the house reportedly from tear gas. after about 30 minutes, the suspect crawled right out of the vent on the side. that's where police had conveniently put a ladder. he eventually fell right into the arms of said police. and then the third one. the shirtless guy who stood on a chimney for hours. he had reportedly violated his parole and according to the l.a. county sheriff's department. he was wanted on a burglary

warrant and had a gun and bullet proof vest in his possession. the guy had apparently gone up to, yes, the attic and then the roof to escape the cops. there are reports he tried to sit down on that chimney cap but it was not strong enough to support his weight. more than 3 and a half hours later. our santa impersonator climbed down. and now you know the news. i'm shepard smith. this is the fox report. it's it the bottom of the hour. time for the top of the news. and not so fast. a federal appeals court has ruled that the president violated the constitution when he bypassed the u.s. senate to fill three spots on the national labor relations board. the president says he had the right to make the so-called recess appointments last year because senators were away for the holidays. ah but the court ruled the senate was still technically in session it had tricked a little bit. here is is one of those sessions the day before the president it lasted less than

one minute. one guy gaveling in and gaveling out in an empty chamber. tricks and tricks. a tactic both parties have used to keep presidents from appointing people that their opponents don't like. ed henry is live at the white house for us tonight. the administration may appeal to the supreme court and republicans say this has huge implications. >> that's right. because the nlrb has issued more than 200 decisions since january of 2012. many that obviously businesses believe have been more favorable to labor unions. and that is why republicans like senator robert wicker of mississippi say they think this is a victory that is going to put a halt to some of those decisions. take a listen. it's a huge, massive overstep of executive power an unconstitutional power grab. i'm relieved but not surprised that the appeals court would

rule in our favor. >> senator wicker there talking to fox news radio. also, republicans noting that richard cordray who runs that consumer protection agency as the president set up because also, he got a recess appointment on jennifer fourth of 2012 as well. they think they are going to get some sort of precedent to try to stop him as well. we will see, shep. >> shepard: republicans are aware george w. bush did it this too. >> he actually did it far more than president obama. who has only used this kind of recess appointment less than 30 times in 40 years. george w. bush used it 141 times over the course of two terms 8 years. that's why jay carney said that this is going to be overturned eventually whether it's by the supreme court. take a listen. >> we respectfully but strongly disagree with this decision. it counters 150 years of precedent. there are over 280 recess appointments made in -- during intrasession recess

appointments by democratic and republican administrations alike. >> carney also noting this was just one court that was ruling on one case in washington state. a suit that had been brought against the nlrb. that's why tonight at the white house they are not sweating too much. they believe that they can win at the supreme court and they think in the end this is going to be pushed out, shep. ed henry out in the yard. thank you. penn state university could soon settle several civil claims in the child sex scablegdz linked to the former assistant football coach jerry sandusky. that's what the lead negotiator is telling the associated press tonight. that investigator is kenneth feinberg. he is the same attorney who managed compensation for victims of the world trade center attack. and the gulf oil spill. attorney feinberg tells the ap that penn state has been in talks with 28 people over civil claims and that negotiations have gone well. but a lawyer for some people filing the claim says they still have a lot of ground to cover. a court last year, of course, sentenced sandusky to at least

30 years in prison for raping and otherwise molesting 10 young boys over 15 years. rescuers launch a desperate search for survivors after a landslide killed six people and that tops our news around the world in 80 seconds. he can for, rain triggered mud slides in gold mining community. heavy debris buried homes, hurt more than a dozen people and may have trapped several miners. the head of of a heavy rescue unit says search and clean up could take days. belgium. cops clashed with steal workers outside the prime minister's office in brussels rooms come a day after slowing demand is forcing it to close several. forcing close several jobs. hurled stones at riot police. they fired water canons in the freezing temperatures.

austria, a massive skating rink opened in vienna. hundreds of people hit the ice for free on opening night. the rink covers nearly two acres and features a half mile long skating path winding through a park. argentina. thousands of dancers and musicians hit the streets for a parade in buenas aries. it's warm ups for carnival celebration. as in other prelynn ton festivals colorful street bans represent different neighborhoods. that's a wrap on n. fox trip around the world in 80 seconds. >> around the world is brought to you by verizon. >> shepard: blast resistant trains. that's the goal of a group of british scientists working to protect folks during terror attacks. they say that explosion blew

out every door and window on that standard train and destroyed everything inside it as well. but on this prototype here. engineers used a plastic coating on the windows. they used metal wire to anchor furniture and ceiling panels to reduce flying debris. stores across 40 united states can hang those credit card swipe fees on you the customer. some retailers are reporting they will not force you to pay extra for plastic. we will tell you which ones. plus, seems the jig suspect. customers busted subway for selling so-called foot long sandwiches that measure only 11 inches. now jared is responding. and lightning can blast trees into splinters and blow out transformers and scientists say it could also be giving you migraines. even if the lightning hits miles away. so stay away from the lightning. way away.

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>> shepard: we reported last night on the news swipe fees that stores can soon charge you just for using credit card. now some big name retailers are telling us they will or won't charge you. up till now the stores paid the credit card companies until somebody got a purchase. come sunday they will be allowed to push those costs on to the consumer. it's right now illegal in these 10 states that you see here in yellow. but in the rest, there is nothing to keep the stores from hitting customers for more money whenever they use plastic. the fox business network rich edson is here from washington. at least one major retailer saying we won't do it. >> yeah, shep, macy's tells us our company is not planning any credit card surcharges. major grocery change kroger says we continue to explore ways to incentivize customers to use lower cost forms of pavement -- payment. gerri willis has been speaking

with the stores and the national retail federation. they say no merchants they have spoken with plan to add the surcharge. now, the real proof comes at the bottom of your receipt starting next week. watch for that, shep. >> yeah, we will. and give it a few months and we will see what happens. what a day on the markets, rich. >> yeah, another one. dow jones industrial average rose 70. the nasdaq closed up 19. the s&p 500 finished up 8. that is eight straight positive days for the s&p 500. enough to finish above 1500 for the first time in five years. for next week investors are looking towards more company earnings report and next meeting at the fed. they set interest rate policy. shep? >> shepard: fast food giant subway is apologizing for subway sandwiches not being a foot long. a little late, isn't it in the controversy started last week after a man in australia posted photo online of his sub. can you see the foot long measured but 11 inches. the picture went viral and sparked worldwide criticism.

even a couple of lawsuits in the united states with customers claiming their foot longs were an inch short as well. subway's most recent statement reads in part. we regret any instance where we did not fully deliver on our promise to customers. our commitment remains stead fast every subsandwich at least 12 inches in each location worldwide. thank you subway. no comment on the lawsuit. new study out of the university of cincinnati. researchers there say they found people were 430% more likely to get my grans within 25 miles of their zip codes. scientists say they are not sure why. but one expert says lightning may trigger electrical changes in the brain that could cause headaches or it could be a coincidence. antibiotic resistant super bugs could trigger apocalyptic scenario, no kidding. that's the wording and warning from a top health official in great britain where the chief

medical examiner for the nation says it could get so bad routine from now routine infection will be a death sentence. she tells guardian newspaper, quote: there are few public health issues of particular greater importance for society than antibiotic. doctors have long said overuse of antibiotics new resistant bacteria. there is concern that the pipeline is rung dry. the world health organization is now reportedly working on a strategy to tackle this issue globally. a 14-year-old kid is safe tonight after researchers or i should say rescuers. it's been a rough one. after clinging to a tree in the middle of a raging flood. >> the kid hung on for dear life as the water rushed in around him. it's part of the widespread floods which have risen quickly across northeast australia. more than 2 feet of rain has fallen over the past couple of days. the showers triggered mud slides and forced folks to

wade through dirty water to buy clean water. emergency crews carried out almost two dozen water rescues, including twhufnt the rescuer convinced the boy to let go of the tree and watch what happened. he grabbed ahold of a line which strung across the water. that's when it got tense. the two seemed to be struggling to breathe as the water rushed over them. grabbed ahold of a tree branch and pulled to safety. medics took him to the hospital. at last check he appears to be okay. and now a somewhat less dramatic but perhaps cuter rescue in los angeles. which starlighted of when officials got the call that a dog was stuck up middle of a chilly lake downtown. they don't know how the dog got there in the first place. rescue teams were on it once they reached the stranded animal it took coaxing to get

it into a harness and then this happened. zip line pickupy. my goodness. you pay for that in the jungle. they say the animal is doing fine and they hope its owner will come pick it up at the local shelter. if not, it will go up to adoption or return to the zip line for future frolicking. one gym has unusual requirement. on overweight people can join. i mean big people. so what happens if it all works? and you are not big anymore? that will surprise you. plus, word one city is trying to keep from you taking pictures of your food at restaurants. pictures like this. details coming up. and petitioning the white house to establish a new national holiday. you have to sign up for this. all right? it's not too late. for super bowl monday.

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>> shepard: a bioethicist says he has a better way to combat america's obesity problem. shame fat people into losing their fat. according to the senior research scholar and president emeritus of the hastings center. we need a bolder strategy obesity epidemic. making heavy peopling were effort public pressure is likely to awaken them to the reality of their condition. according to the centers for disease controls. some 36 all american adults and. not a good way to help them lose weight but maybe this will help. if you do happen to look like a greek statue, a gym in dallas is not the place for you because you have to be at least 50 pounds overweight to join the thing.

the owner of the gym chain called down sized fitness says he wants his members to feel comfortable while exercising. so, there are no mirrors inside. the windows are all fogged up. and even the equipment is designed for biggens. the owner came up with the idea he was overweight his whole life and was often embarrassed to go to the gym. just as is casey stegall who is is live in the gym in dallas. hello, casey? >> hey, shepard, yeah. this concept so popular, in fact, they not only have this location in dallas but one up in chicago as well. plans to expand into other american cities later this year. collectively group as a whole in dallas lost more than 800 pounds citizens this place opened in september. before you can even sign up, you have got to could consultation to ensure you are 50 pounds overweight based on your body fat index. it's different for women and men. the monthly membership fee

comparable to other membership gyms. it it's a sense of community, taking the intimidation out of work out. >> i used to be in shape and going to the gym i never thought twice about it but when i gained some weight, i started going in and i started feeling like a fish out of water. i never really felt like i fit in. >> how much weighted you have lost? >> 125 pounds. >> how long? >> in 18 months. >> and what on earth do you feel like now? >> amaze will. i feel like a brand new person. it's just been such a transformation. >> isn't that incredible? the big question everyone has, what happens if you lose all of the weight and you are no longer 50 pounds overweight. you don't have to quit. can you remain a member here as long as you want. shepard, i should mention i conveniently left my gym clothes at home today. no work out for me. >> shepard: our viewers thank you. casey, thank you. concerned citizens now petitioning president obama to make the day after the super bowl a national holiday. this is the most important thing i have reported tonight.

according to the actual petition it would, quote, promote a productive work place when work resumes on tuesday. true. honor the post popular event in modern american culture, sn true. and earlier today i spoke with the hero who created the petition. >> hopefully we got all these issues out there that kind of divide us into hopefully this is something you can get behind. did you josh and we're. since that interview a couple thousand more people got on board. right now more than 5,000 total. 94,000 more to go and then the white house has to sign -- has to respond to the thing. but you have only days before the big game. go to petition dot whitehouse.gov. be an american as o'reilly would say be a patriot not a pinhead. sign the petition and tell everyone you know to do the same. here's to tuesday off. bad news for amateur food photographers here in the big apple. some new york city restaurants are discouraging or even banning the snapping of their

entrees. according to the reporting of the "new york times," several new york chefs are now banning the use of flash or any food photograph in their restaurants. others are reportedly taking patrons to the kitchen to take pictures of their food without bothering other diners. a spokesman for the new york state restaurant association says a formal food photograph ban is not on the radar. good grief. ashton kutcher recently took a break from doing camera commercials and filling in for charlie sheen on two and a half men to play steve jobs in a movie. and the man who co-founded apple with steve jobs says parts of the movie are totally wrong. that's ahead. but, first, a bit of advice. reporters should not tell goats what to do. >> complete come out and meet the winners. the goats will be here through saturday and they are very friendly. from the fair, linda carson, abc 7. would you not eat my pants. [screams] [ laughter ]

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>> shepard: there is a steve's job moving coming out. the apple co-founder steve wozniak says the film gets everything wrong. >> you can see what you are working on while you are working on it. >> okay. [ laughter ] >> this is freedom. this is freedom to create and to do and to build as artists as individuals. >> shepard: no, wozniak slammed all of that even the costumes. and despite any physical resemblance kutcher has to the late apple founder. he says he got jobs' personality all wrong. the movie is still coming out in april. before we go the team's top five things of the day. manti te'o hoax taping an interview with dr. phil. four a spokesman says hillary clinton's new glasses are to help her deal with lingering conditions from her concussion. plans to launch separate efforts next week to push for

immigration reform. number two, federal health officials say deadly flu epidemic is leveling off in most of the u.s. but still rising in the west. and number one. cold, snowy weather making things miserable for folks on the east coast. but not florida. that's the top five. and on this day in 1949, the academy of television arts and scientists that's better. held its first annual emmy awards. entertainer walter o'keefe hosted the inaugural event at the athletic club. at the time the academy only honored shows that aired in greater los angeles. handed out a dozen statues that year. including one to the television engineer who designed the award. using his wife as a model. of course, the emmys have grown national event categories. acknowledging those who keep us glued to the tv box. the academy handed out the first ones. 64 years ago today.